SC refuses to transfer Kolkata rape-murder case trial outside West Bengal

MP & Agencies, 7 Nov 2024, New Delhi: The Supreme Court on Thursday refused to transfer the rape and murder trial pertaining to a doctor in Kolkata outside West Bengal. 

A bench headed by Chief Justice D Y Chandrachud said the trial court judge had sufficient powers to order another investigation upon feeling it necessary after examining the evidence. 

The top court also examined the sixth status report filed by the CBI in relation to the case of rape and murder at Kolkata's R G Kar Medical College and Hospital, but refrained from making observations saying the probe was underway. 

The apex court noted that a Kolkata court had framed charges against prime accused, Sanjay Roy, on November 4 and a day-to-day trial in the case would start November 11 onwards. 

During the hearing, the national task force (NTF), formed to create a protocol over the safety of health professionals, submitted its report in the apex court.

 The top court directed the NTF's report to be shared with all states and union territories and posted the hearing after four weeks. The top court on October 15 questioned the West Bengal government over the hiring of civic volunteers in the state and sought data on their recruitment and appointment process. 

The apex court on September 30 expressed dissatisfaction over the state's "tardy" progress in installing CCTVs and building toilets apart from separate resting rooms in government medical colleges, and ordered its completion by October 15. 

On September 17, the top court expressed anguish over the findings in a CBI status report in the case, refusing to divulge details and observing any disclosure could jeopardise the ongoing investigation. 

Earlier on September 9, the top court expressed its concern over the absence of the "challan" -- a key document forwarding the doctor's mortal remains for postmortem -- from the records placed before it and sought a report from the state government.

 On August 22, the apex court pulled up the Kolkata police over the delay in registering the case of unnatural death of the deceased, calling it "extremely disturbing" while frowning upon the sequence of events and the timing of its procedural formalities. 

The top court had constituted a 10-member NTF to formulate a protocol for ensuring the safety and security of doctors and other healthcare professionals. Terming the incident as "horrific", the apex court had censured the state government over the alleged delay in filing of the FIR and allowing a crowd of thousands to vandalise the state-run facility. 

The death of the doctor, whose mortal remains indicated injury marks, had sparked nationwide protests and an initial probe had led to the arrest of a civic volunteer by the Kolkata police the next day of the crime. 

On August 13, the Calcutta High Court ordered the transfer of the probe from the Kolkata police to the CBI, which began its investigation on August 14. 

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